Copyright Policy

COPYRIGHT POLICY AND LICENSE AGREEMENT

This Publishing and Copyright License Agreement ("Agreement") is entered into on this day ("Effective Date") by and between the person submitting their work—whether writing, poetry, photography, drawing, painting, digital art, recipes, or any other form of artistic expression submitted to Company ("Artist")—and Escorial Digital Publishing, LLC, owner and operator of Indie Treasure ("Company").

WHEREAS, the Company publishes and curates collections of creative works through Indie Treasure in multiple formats, primarily digital and electronic, but also in print on certain occasions (the "Project"); and

WHEREAS, Artist desires to have their work included in the Project and published generally; and

WHEREAS, Artist desires to have the Company publish the Artist's submitted work—as submitted through www.indietreasure.com, Indie Treasure's affiliated websites, social media accounts, email accounts, and submission forms (including Typeform or similar submission platforms)—(the "Work"), and the Company desires to publish the Work in the Project, subject to the terms and conditions of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the receipt and sufficiency of which are acknowledged, the parties agree as follows:

Reservation of Copyright

NO PROVISION OF THIS AGREEMENT SHALL BE DEEMED TO LIMIT THE ARTIST'S RIGHT TO SELL, DISTRIBUTE, DISPLAY, OR OTHERWISE PROVIDE ACCESS TO THE WORK, OR TO CONTRACT WITH, GRANT LICENSES TO, OR OTHERWISE MAKE ARRANGEMENTS WITH ANY OTHER PERSON OR ENTITY TO SELL, DISTRIBUTE, DISPLAY, OR OTHERWISE PROVIDE ACCESS TO THE WORK; PROVIDED, HOWEVER, THAT ANY SUCH CONTRACTS, SALES, ARRANGEMENTS, OR LICENSES SHALL NOT INFRINGE UPON OR LIMIT IN ANY WAY THE RIGHTS AND LICENSE GRANTED TO COMPANY HEREUNDER.

Artist Grant of Publishing Rights to Company

Artist hereby grants, assigns, and licenses to Company a non-exclusive, irrevocable, royalty-free, perpetual, worldwide license to use, display, reproduce, distribute, and publish the Work on the internet and in or on any medium (including, without limitation, print, digital, electronic, and e-book formats), in all languages, and throughout all countries and territories now existing or hereafter created during the term of this Agreement.

Artist agrees to execute and deliver any documents Company reasonably deems necessary, appropriate, or convenient to evidence or effectuate the rights and license granted under this Agreement.

Artist Representations, Warranties, and Indemnity

Artist represents and warrants that:

  • Artist is the sole creator and owner of the Work.

  • The Work is original and not in the public domain.

  • The Work does not infringe upon any copyright, trademark, intellectual property right, or other legal right of any person or entity.

  • Artist is the sole owner of the rights granted to Company under this Agreement.

  • Granting these rights does not violate any other agreement entered into by Artist.

  • No other person or entity has any ownership interest in the Work.

  • Artist has not been notified of any claim alleging infringement relating to the Work.

  • Artist has full authority to enter into this Agreement.

  • The Work does not contain libelous, obscene, defamatory, or otherwise unlawful content.

Artist agrees to defend, indemnify, and hold Company harmless from and against any claims, damages, liabilities, costs, expenses, or attorney's fees arising from any breach of these representations or warranties.

Promotion of Work

Company shall have the right to use, and license others to use, Artist's name, submitted work, image, likeness, and biographical materials for the purpose of advertising, promoting, and otherwise exploiting the Work and the Project.

If Artist is a minor (under eighteen (18) years of age), Artist and their parent or legal guardian may authorize Company to use Artist's name, image, and biographical information for promotional purposes.

If Artist does not grant such authorization, Company shall have the irrevocable right to assign a pen name or pseudonym to Artist for purposes of publishing and promoting the Work.

Promotion as Consideration

Company intends to devote resources toward producing, promoting, and distributing both the Project and participating Artists.

As part of the consideration under this Agreement, Company shall provide Artist the opportunity to submit a reasonable and appropriate biography for inclusion in the Project.

Artist is not required to submit a biography but is encouraged to do so.

If Company inadvertently omits the Artist's biography, Artist may contact Company and Company will make commercially reasonable efforts to include the biography in future versions where practical.

Governing Law

This Agreement shall be governed by the laws of the United States of America and the Commonwealth of Puerto Rico, without regard to conflict of laws principles.

If any provision is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Any claim arising under this Agreement shall be brought exclusively in the courts located in or serving San Juan, Puerto Rico, and the parties consent to personal jurisdiction therein.

Assignment

Artist may not assign any rights under this Agreement.

Company may assign or sublicense any or all of its rights under this Agreement.

This Agreement shall bind and benefit the parties and their respective successors and permitted assigns.

The parties agree to cooperate in good faith and execute any documents reasonably necessary to carry out the intent of this Agreement.

Waiver and Modification

This Agreement constitutes the complete understanding between the parties and supersedes all prior agreements or understandings relating to its subject matter.

No waiver shall be effective unless made in writing and signed by the party against whom enforcement is sought.

No modification shall be valid unless in writing and signed by both parties.

The parties acknowledge that a breach of this Agreement may cause irreparable harm. Accordingly, either party shall be entitled to seek all remedies available at law or in equity, including temporary and permanent injunctive relief.

Artist waives the defense that monetary damages alone constitute an adequate remedy.

Nothing in this Agreement shall be construed as creating a partnership, joint venture, agency relationship, or employment relationship between Artist and Company.

Guardian Signature Required if Artist is a Minor

If Artist is under eighteen (18) years of age, both Artist and Artist's parent or legal guardian must execute this Agreement.

Severability

If any provision of this Agreement is determined to be invalid or unenforceable as applied to particular circumstances, such determination shall not affect the validity or enforceability of any remaining provisions.

The invalid provision shall be reformed only to the extent necessary to make it enforceable while preserving its original intent.

Limitation of Liability

Company and its affiliates shall not be liable to Artist or Artist's legal guardian for any indirect, incidental, consequential, special, exemplary, or punitive damages, including loss of anticipated profits, revenue, goodwill, or business opportunities arising from this Agreement.

Payment

Artist acknowledges that Company does not pay royalties, licensing fees, or other compensation for submitted Works, regardless of whether Company elects to publish or otherwise use the Work.

Execution

This Agreement may be executed in multiple counterparts, each of which shall be deemed an original.

Electronic signatures, including those executed through Typeform, DocuSign, or any other commercially reasonable electronic signature platform, shall be deemed valid and enforceable to the same extent as original handwritten signatures.